Do I Need a Privacy Policy If I Only Have a Contact Form on My Website?
Yes. Under APP 1 of the Privacy Act 1988 (Cth), any regulated organisation that collects personal information must have a clearly available, publicly accessible privacy policy — regardless of how small the collection is. A contact form capturing a name and email address is a collection of personal information under s 6 of the Act. From 1 July 2026, businesses previously exempt under the small business threshold become subject to this requirement.
| Relevant law | APP 1 and APP 5, Privacy Act 1988 (Cth) |
| Personal information | s 6 — information that identifies or is reasonably identifiable |
| Name + email = PI? | Yes |
| Contact form = collection? | Yes |
| Privacy policy required? | Yes, for any APP entity |
| Newly regulated from | 1 July 2026 (small business exemption removal) |
What counts as personal information under the Privacy Act?
Section 6 of the Privacy Act 1988 (Cth) defines personal information as information or an opinion about an identified individual, or an individual who is reasonably identifiable. There is no minimum threshold.
A contact form asking for name, email address, phone number, and a message is collecting at least three pieces of personal information. The message itself may contain additional personal information depending on what the person writes — their address, health circumstances, or employment situation.
Is collecting via a contact form different from other collection methods?
No. The APPs apply to how you collect, hold, use, and disclose personal information — not to the mechanism. A contact form, a booking page, a telephone call, a paper sign-in sheet, and a chat widget all constitute collection if they capture identifiable information about individuals.
The fact that a contact form is passive — the person volunteers the information — does not reduce your obligations. APP 3 governs the collection, APP 5 requires notification, and APP 11 requires security.
What specific obligations does a contact form trigger?
Four immediate obligations arise when someone submits your contact form:
- Collection notice (APP 5) — at or before the point of collection, the person must be told the purpose and how you will handle the information. A brief sentence near the form is sufficient: "We collect your details to respond to your enquiry. See our privacy policy for more information."
- Lawful and necessary collection (APP 3) — only collect what you need. Do not add contact form submissions to a marketing list without separate, specific consent.
- Security (APP 11) — the submitted data must be held securely. If responses land in an email inbox, that inbox must be appropriately protected.
- Access and correction rights (APPs 12–13) — the person who submitted the form has the right to access the information you hold and to request correction. Your privacy policy must explain how they can do this.
Does the contact form provider matter?
Potentially. If your contact form is powered by a third-party service — Typeform, JotForm, Gravity Forms, or Squarespace Forms — and submissions are stored on that provider's servers outside Australia, APP 8 may apply. Check where your form provider stores data and mention any overseas transfers in your privacy policy under the APP 1.4 overseas disclosure section.
Most popular form tools are US-based and store submissions on US servers. Even simple enquiry forms create APP 8 obligations if that is the case.
What if my website is purely informational and the form is only for enquiries?
The purpose of your website does not change the collection obligations. An enquiry-only form still collects personal information, still triggers APP 5 notification requirements, and still requires a publicly available privacy policy under APP 1.
If you respond to the enquiry by email, that email thread is now personal information you hold — apply appropriate security and retention practices. APP 11 requires you to destroy or de-identify information you no longer need for a permitted purpose, so review and delete resolved enquiries after a reasonable period.
Frequently asked questions
My website gets only a few enquiries a month. Do the rules still apply?
Yes. The Privacy Act has no volume threshold for collection. Even one enquiry per month containing a name and email creates the same obligations as processing thousands. The practical compliance burden for a low-volume site is minimal — a simple, accurate privacy policy and a one-line collection notice on the form.
What if someone submits my form and later asks me to delete their information?
There is no standalone right to erasure in Australian privacy law. However, APP 11 requires you to destroy or de-identify information you no longer need for a permitted purpose. If the enquiry is resolved and the person is not an ongoing customer, you have no continuing reason to retain the data.
I use a WordPress contact form plugin — do I need to worry about cookies?
Possibly. If your WordPress installation uses analytics or advertising cookies that collect visitor data, APP 3 and APP 5 may apply to that collection as well. The Privacy Act does not impose a GDPR-style cookie banner requirement, but collection through cookies still counts as collection under the Act and must be disclosed in your privacy policy.
Can I copy a privacy policy template from another website?
A template is a starting point, not a compliant policy. A copied document that does not accurately reflect your actual data practices is non-compliant under APP 1. The OAIC has noted that vague or inaccurate policies can themselves constitute a breach. Customise any template to reflect what you genuinely collect, why, and what you do with it.
Do I need to update my privacy policy every time the form changes?
Update it whenever the types of information collected change, the purpose changes, or you switch to a different form provider with different data residency. If you add a new field or start using responses for marketing, update your policy promptly.
Use the free Privacy Policy Analyser to check whether your existing policy covers your contact form and all other data collection points on your site.
Analyse my privacy policy →Explore more of the Privacy Act
- Does the Privacy Act Apply to My Australian Small Business?
- What Is ADM Disclosure and Does My Australian Business Need One?
- What Counts as a Notifiable Data Breach in Australia?
- What Must an Australian Privacy Policy Include Under the Privacy Act?
- APP 1: Open and Transparent Management of Personal Information
- APP 2: Anonymity and Pseudonymity